[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bayville during codification 11-25-1974 as L.L. No. 3-1974; see Ch. 1, General Provisions, Art. II. Amendments noted where applicable.]
It is hereby determined by the Board of Trustees of the Incorporated Village of Bayville that, because of the unique physical characteristic of the village and the extensive use to which the waters of the village are put by boaters and swimmers, the taking off and landing of all aircraft, as defined in § 3-2 below, is hazardous and detrimental to the health, safety and welfare of the inhabitants of the village and therefore should be prohibited.
As used in this chapter, the following terms shall have the meanings indicated:
- Any weight-carrying machine or structure for flight in or navigation of the air and designed to be supported by the air either by the buoyancy of the structure or by the dynamic action of the air against its surfaces. The term "aircraft" shall be understood to include airplanes (including seaplanes), helicopters, balloons, kites and kite balloons.
- A situation or circumstance endangering the life or limb of the pilot or passengers of an aircraft.
Except for an emergency landing, no airplane or aircraft shall land or take off within the limits of the Incorporated Village of Bayville without receiving the prior written permission of the Board of Trustees. Any landing of an airplane or aircraft within the village limits shall be deemed, prima facie, to be a violation of this chapter on the part of the pilot or operator thereof.
The provisions of this chapter shall not apply to the aircraft of any duly organized law enforcement or military agency when operated in the performance of duty, nor shall they apply to bona fide rescue or relief activities.
Any member of the Village Board, duly authorized officers or agents of the Village Board, or any member of the Nassau County Police Department, is hereby empowered to enforce the provisions of this chapter.
Any person committing an offense against any provision of this chapter shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding two hundred fifty dollars ($250.) or by imprisonment for a term not exceeding fifteen (15) days, or by both such fine and imprisonment.